Asif Khan v. Home, Prohibition And Excise Department

Crl.O.P.No.14930 of 2024 T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 14.05.2024 in Crime No.149 of 2024, registered for the alleged offences punishable under Section 8(c) r/w 20(b)(ii)(B), 29(1) of NDPS Act, seek bail.

2. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are falsely implicated in this case. He further submitted that even as per the prosecution the alleged contraband seized from the petitioners are intermediate quantity. He further submitted that the petitioners are suffering incarceration from 14.05.2024 and they are ready to abide any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioners.

3. Learned Government Advocate (Crl.Side) appearing for the respondent police raised objection for granting bail to the petitioners stating that the petitioners/accused persons was found to be in illegal possession of 11 kgs of ganja, which is an intermediate quantity. He further submitted that from the petitioner/A1 6 kgs of ganja and from the petitioner/A2 5 kgs of ganja was recovered and further during https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

drl investigation it reveals that the first accused hails from the State of Karnataka, and has one previous case, similar in nature, was pending against him and the second accused hails from the State of Meghalaya and has no previous case against him. He further submitted that the investigation is still pending.

4. Considering the grave nature of offence and also considering the facts and circumstances of the case and if the petitioners released on bail, there is a possibility of absconding and they will tamper with the evidences and threaten the witnesses, hence, this Court is not inclined to grant bail to the petitioners.

5. Accordingly, this Criminal Original Petition stands dismissed.

03.07.2024 drl Crl.O.P.No.14930 of 2024 https://www.mhc.tn.gov.in/judis